HEARING OFFICER/ALCOHOLIC BEVERAGE CONTROL 21301

7/16/90 B

This is the first class a series for professional positions responsible for the hearing process for the Alcoholic Beverage Control (ABC) Board. In accordance with the Alcoholic Beverage Control (ABC) Act, the Administrative Process Act, Regulations and rules of Practice of the ABC Board and the Manual for Administrative law judges, positions decide contested applications for licenses, licensee disciplinary actions, and complaints that violations have occurred which are covered by the Beer and Wine Franchise Acts. Decisions may result in granting or denying a license, revoking or suspending a license, or imposing monetary penalties which may be significant in Beer Franchise Act cases. This class is distinguished from the Hearing Manager/Alcoholic Beverage Control, class by the latter's responsibility for reviewing hearing reports and decisions of contested applications for licenses and licensee disciplinary actions after the decisions are released to the parties involved, and initiating consent settlement proposals.

Complexity of Work: Performs work of considerable difficulty which requires performing pre-hearing, hearing, post-hearing and administrative functions. Evaluates case priorities for docketing; dockets cases to insure timely notice and hearing; reviews case files and previous histories prior to hearing to become familiar with facts, questions and points of law, parties involved and issues; conducts pre-hearing conferences concerning matters within the jurisdiction of the Department of ABC; screens cases to determine the level of difficulty and scheduling of appropriate hearing format; and administers discovery and other legal procedures in cases. Conducts fair and impartial hearings on alleged licenses violations of ABC laws and regulations, and contested license applications and cases; participates in cases brought under the Beer and Wine Franchise Acts; maintains judicial order in accordance with ABC Act, the Administrative Process Act, ABC Regulations and rules of Practice, and the Administrative Law Judge Manual; administers oaths and affirmations and supervises the Hearing Reporters in the compilation of a verbatim transcript; insures the development of a complete record of the hearing by making inquiries necessary to develop the facts, and to encourage full and truthful testimony; issues subpoenas requiring the attendance of witnesses and the production of documents; rules upon motions and requests for continuances and other procedural matters; receives factual stipulations, briefs and oral arguments; takes or cases to be taken depositions and interrogatories; holds conferences for the settlement of simplification of issues, amendment of issues or addition of new issues as appropriate; rules upon motions, objections and offers of proof; examines witnesses when appropriate to finding fact; takes notes of pertinent legal considerations and regulates the course of the hearing according to procedural requirement;s announces the decision at the conclusion of the hearing, the immediate implementation of the decision and/or the early implementation of the initial decision as appropriate; and advises parties to case of the initial decision and their right to appear to the ABC Board. Rules upon any motion or request remaining to be addressed; receives additional relevant information not presented in the hearing; evaluates evidence received into the record to make factual findings; apply laws, regulations and policies to make a reasoned decision; researches cases, applicable rules of law, regulations and policies to reach a decision or to resolve procedural questions; and prepares initial decision.

Supervision Given: Supervises a staff of hearing reporters.

Supervision Received: Receives directions from a Hearing Manager/Alcoholic Beverage Control.

Scope: Actions affect the enforcement of ABC laws, rules and regulations and the economic well-being of applicants for ABC licenses, licensees, breweries and wineries.

Impact of Actions: Decisions could moderately impact the Department of ABC in terms of time money and public goodwill if ABC laws, rules and regulations are not enforced. Effective decisions ensure enforcement of ABC laws, rules and regulations.

Personal Contacts: Frequent external contact with licensee, license applicants, Beer and Wine Franchise Act complainants, and other interested parties to ensure effective and fair enforcement of ABC laws, rules and regulations.

Knowledge: Considerable knowledge of the ABC Act, the Administrative Process Act, ABC Regulations and rules of Procedure and the Administrative Law Judge Manual; the organization and functions of the regulation process of the Department of ABC. Working knowledge of the administrative procedures for conducting hearings, of legal reference materials, and research methods.

Skills: None identified for this class.

Abilities: Demonstrated ability to conduct fair hearings, and develop and control the record of proceedings; to ascertain and evaluate case facts and points of law; to interpret and apply ABC laws, rules and regulations, and other applicable laws; to manage the hearing process; to conduct legal research; to prepare written hearing decisions that are based on findings and fact; to communicate orally and in writing; and to develop and maintain working relationships with regulatory personnel, attorneys, license applicants, licensees, beer and wine industry representatives, and the general public.

QUALIFICATIONS GUIDE*

Licenses or Certification: None.

Education or Training: Graduation from an accredited college or university with course work in law, or a related field.

Level and Type of Experience: Some experience in interpreting and applying laws, rules and regulations; in conducting legal research; and in writing legal opinions.

An equivalent combination of training and experience indicating possession of the preceding knowledges and abilities may substitute for this education and experience.

This class was revised as a result of the Classification Review/Specification Update Program and replaces ABC Hearing Officer, effective July 1990.